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HomeMy WebLinkAboutOrdinances - O-90-568 - 10/17/1990 - GRANT CUP WALMART AUTHOMOBILE SERVICE STATIONORDINANCE NO. 0-90�568 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF McNENRY, ILLINOIS, BY GRANTING A CONDITIONAL USE PERMIT WHEREAS, the written Petition of WAL-MART STORES, INC. AND MOBIL OIL CORPORATION, has been filed with the City Clerk of the City of McHenry, Illinois, requesting the issuance of a Conditional Use Permit, under the provisions of the Zoning Ordinance of the City of McHenry, and such Ordinance as amended, concerning the following described premises: A part of the Northwest 1/4 of Section 26, Township 45 North, Range 8 East of the Third Principal Meridian, McHenry County, Illinois, being more particularly described as follows: Commencing at the Northeast corner of the Northwest 1/4 of Section 26, Township 45 North, Range 8 East; thence South 88 58' 53" West 36.21 feet to a point on the Westerly right-of-way line of Illinois Route 31; thence along said right-of-way line South 00 00'37" East 748.10 feet to the point of beginning; thence continuing along said right-of-way line South 00 00 37" East 373.00 feet thence South 66 55'44" West 8.72 feet to the proposed Northerly right-of-way of McCullom Lake Road; thence along said right-of-way as follows: North 46 08'16" West 508.44 feet to a point of curvature; thence along said curve to the left having a radius of 5831.00 feet, an arc length of 34.88 feet thence North 89 59'57" East 399.77 feet to the point of beginning containing (76,710 sq. ft.) in the City of McHenry, McHenry County, Illinois. Commonly known as: Northwest corner of Route 31 and McCullom Lake Road, McHenry, Illinois 60050; and, WHEREAS, Petitioners are requesting a Conditional Use Permit to issue, such Conditional Use Permit providing for an automobile service station, to include accessory uses, namely, a Mobil -Mart (sales of pre -packaged goods) and a Single -Car Rollover -Brush Car Wash Bay. The Petition also requests that any parking and loading requirements be applied only to the required employee and disabled parking and the stacking of vehicles using the carwash. No change in zoning is being requested; and, WHEREAS, the Zoning Board of Appeals made no recommendation as to Petitioners request; and, WHEREAS, at the regular meeting of the City Council, as reconvened from time to time, the City Council of the City of McHenry did find that it would serve the interests of the City if a Conditional Use Permit were granted, allowing an automobile service station, the accessory uses, and the suggested parking and loading requirements, because: A. Any adverse impact of types or volumes of traffic flow have been minimized. B. Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects have been appropriately controlled. C. The proposed use will fit harmoniously with the existing natural or man-made character of its surroundings, and the use will not have undue deleterious effects on the environmental quality, property values, or neighborhood character already existing in the area. D. The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of Permitted Uses in the Zoning district, nor generate disproportionate demand for new services or facilities in such ways to place undue burdens upon existing development in the area. E. The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of McHenry, Illinois, as follows: That a Conditional Use Permit is hereby granted to the above described premises allowing the use thereon of an automobile service station, along with the accessory uses of a Mobil -Mart and Single -Car Rollover -Brush Car Wash Bay, in accordance with the site plan prepared by W-T Engineering, Inc. dated March 3, 1990, last revised on December 11, 1990, the signage plans prepared by W-T Engineering, Inc. dated March 2, 1990, last revised December 15, 1990 and the landscaping plan prepared by Penco Associates, dated September 26, 1990, last revised December 12, 1990 all of which are incorporated herein by reference. With respect to the subject premises, the parking and loading requirements shall be applied only to the required employee and disabled parking and stacking of vehicles using the car wash. THE CONDITIONAL USE is subject to further conditions, namely: 1. HOURS OF OPERATION. The Mobil -Mart may be operated 24 hours a day. The building will be protected with a cashier security device. The car wash will be allowed to operate, Monday through Saturday, from 7:00 a.m. to 9:00 p.m. and, on Sundays, from 8:00 a.m. to 6:00 p.m. 2. CAR WASH DOORS. The car wash may be operated with the doors open provided that the operation meets all requirements of the City of McHenry Performance Standards. The owner of the subject property shall certify to the City of McHenry that the car wash meets the City of McHenry Noise Performance Standards (as defined in the City of McHenry Zoning Ordinance). The owner shall cause a noise study to be performed, at the owner's ex- pense, within ninety (90) days of the car wash beginning operation. The certification shall be by a licensed engineer, licensed architect or scien- tific laboratory. If the noise study shows that the Performance Standards are being violated, the owner shall take corrective measures immediately to bring the operation into conformance with the Performance Standards and shall once again verify the owner's compliance with the City of McHenry Performance Standards by performing additional noise studies, as required. 3. THE MOBIL I.D. SIGN on the subject premises shall be installed at the location depicted on the site plan. It shall be a monument type sign. The sign dimensions shall permit the sign to be as large as twenty-two (22) feet wide and seven (7) feet high. The sign may be placed on a bean up to five (5) feet in height, so that the overall height of the sign shall not exceed twelve (12) feet from the ground level on which the sign is being erected. 4. GAS TANKS AND PIPING. With respect to the gasoline tanks and piping system, the tanks shall be constructed of fiberglass and shall be double -wall tanks. The gasoline piping shall be installed in a trench system so as to provide containment of any leakage. The trench system will be fiberglass, to include a 1/8 inch fiberglass top. Liquid monitoring devices shall be installed for each tank (to include monitoring between the walls of the double -walled tanks) as well as in the piping trench system. There shall be a five (5) gallon gasoline retention system installed at the gasoline tank supply opening. 5. BYPASS LANE. The owner shall construct a left turn lane on McCullom Lake Road providing for access to the McCullom Lake Road entrance to the property for vehicles traveling eastbound on McCullom Lake Road. In conjunction with the construction of such a left turn lane, a bypass lane shall be installed allowing traffic to move freely in an easterly direction on McCullom Lake Road around the left turn lane. This bypass lane shall be approximately 150 feet long providing for additional pavement tapering up to five (5) feet in width and shall be constucted on the south side of McCullom Lake Road. Striping shall be performed appropriately on McCullom Lake Road to guide traffic around the left turn lane, both as to easterly traffic and westerly traffic on McCullom Lake Road. The plans and specifi- cations for the construction of the lanes and safety striping shall be subject to.the review and approval of the McHenry City Engineer and Director of Public Works. 6. ROUTE 31 ACCESS. Access to the subject site, via State of Illinois Route 31, shall be by way of one combined entrance/exit, to be constructed in substantial conformance with the site plan, dated March 3, 1990, last revised December 11, 1990, which depicts said combined entrance/exit. BE IT FURTHER ORDAINED that this Ordinance shall be in full force and effect from and after passage, approval and publication as provided by law. PASSED this 17th day of October, 1990. AYES: BOLGER, DONAHUE, SMITH, PATTERSON, SERRITELLA NAYES: TETA, LIEDER, McCLATCHEY ABSTAINED: NONE ABSENT: NONE NOT VOTING: NONE APPROVED this 17th day of October, 1990. PUBLISHED: In pamphlet form The CITY OF McHENRY, a Municipal Corporation Chartered under the Laws of the State of JJ l i not s . BY Approved as to form: NARUSIS & NARUSIS, City Attorney BY: